Awanish @ Ashwani Kumar Vs State of U.P. and 3 Others

Court No. - 4

Case :- CRIMINAL MISC. WRIT PETITION No. - 33516 of 2018

Petitioner :- Awanish @ Ashwani Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar,Awadhesh Counsel for Respondent :- G.A.

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Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Joshi,J.

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Heard Sri Rajesh Kumar, learned counsel for the petitioner, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

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This petition has been filed by the petitioner with a prayer to quash the FIR dated 21.10.2016 registered as Case Crime No.860 of 2016, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Siddharth Nagar, District Siddharth Nagar.

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Learned counsel for the petitioner submits that identically situated coaccused Shiv Kumar has earlier challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.18967 of 2017 which has been disposed of by another Bench of this Court vide order dated 13.9.2017 staying the arrest of the said co-accused, hence the petitioner is also entitled for the same relief.

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Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.

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With the above direction, this petition is finally disposed of.

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Order Date :- 22.11.2018 Shalini

Awanish @ Ashwani Kumar v. State of U.P. and 3 Others

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Awanish @ Ashwani Kumar v. State of U.P. and 3 Others

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